The U.S. Department of Transportation (DOT), through the Federal Motor Carrier Safety Administration (FMCSA), issued an emergency interim final rule that sharply tightens the eligibility for individuals who are not citizens or permanent residents (Non-domiciled) to obtain commercial driver’s licenses (CDLs) and commercial learner’s permits (CLPs). The enforcement is immediate, due to safety and compliance concerns, meaning states and licensing agencies must begin compliance without delay.   

This move represents a dramatic recalibration of how certain individuals qualify for CDLs in the U.S., and it carries significant implications for state driver licensing agencies, trucking companies, and affected drivers. 

What Triggered the Emergency Rule 

Safety and Compliance Concerns 

The DOT and FMCSA cite a number of motivating factors, and the DOT contends that the combination of safety incidents and systemic breakdowns in state licensing systems created an “imminent hazard” that required immediate action.  

What the Rule Changes: Major New Requirements & Restrictions 

Eligibility Narrowed to Specific Visa Holders 

Under the ruling, Non-domiciled CDL/CLP applicants must now hold one of the following visas: 

• • H-2A (temporary agricultural worker) 

• • H-2B (temporary non-agricultural worker) 

• • E-2 (treaty investor) 

Merely possessing an Employment Authorization Document (EAD) is no longer sufficient. This change excludes many individuals previously eligible under prior interpretation of the regulations, including: 

• • Asylum seekers,  

• • Deferred Action for Childhood Arrivals (DACA) holders,  

• • Refugees,  

• • Temporary Protected Status (TPS) holders.   

Exceptions 

• • Drivers domiciled in Canada or Mexico are not affected by this rule under existing reciprocity statutes.  

Additional Documentation & Verification 

The rule mandates new or enhanced documentation and verification steps: 

• • Applicants must present an unexpired foreign passport and a valid form I-94/I-94A that correlates with one of the eligible visa categories.   

• • Federal verification of immigration status is required via the SAVE (Systematic Alien Verification for Entitlements) system.   

• • Non-domiciled CDLs/CLPs must be renewed in person annually (or at the end of the work authorization period, whichever is shorter).   

• • States must pause issuance of any new Non-domiciled CDLs/CLPs until they can prove compliance with the updated rules.   

• • States are required to identify and revoke any noncompliant Non-domiciled CDLs, and reissue where applicants meet the updated standard.   

• • States risk decertification of their CDL programs and withdrawal of federal highway funds if they do not comply—California, for example, faces losing $160 million in funding over its noncompliance.   

• • The rule explicitly states that it is prospective (i.e., the new standards don’t automatically invalidate existing valid Non-domiciled CDLs), though by renewal cycles many of the currently active Non-domiciled holders will not be able to meet the new requirements.   

Impacts & Ramifications: What Stakeholders Should Know 

For Current Non-Domiciled CDL Holders 

• • Their existing licenses remain valid until expiration, but renewals will likely be denied unless the holder satisfies the new visa-based eligibility.   

• • DOT estimates as many as 194,000 out of ~200,000 current Non-domiciled CDL holders may be phased out of eligibility over the next two years.   

• • Many of these drivers may be forced to leave interstate trucking or find alternate employment paths. 

For Motor Carriers & Logistics Firms 

• • The driver pool shrinks immediately for future hires. Carriers that have relied on Non-domiciled drivers—or were counting on renewals—must plan contingently.   

• • Internal compliance protocols must be more rigorous: carriers should validate not only the CDL, but the underlying visa documentation, immigration status, and renewal capabilities. 

• • Companies should evaluate risk exposure in case a driver falls out of compliance: operation with an invalid or nonrenewable CDL could lead to liability, enforcement actions, and regulatory citations. 

• • Some sectors or routes may see rate adjustments or capacity bottlenecks as the workforce readjusts. 

For State Driver Licensing Agencies (SDLAs) 

• • Immediate pause is required on non-domiciled CDL/CLP issuance until compliance is demonstrated.   

• • States must audit their existing non-domiciled CDLs, identify noncompliant credentials, revoke and reissue where valid under new rules.   

• • The threat of program decertification and withholding of substantial federal highway funds (e.g. California’s $160 million exposure) injects urgency.   

• • States must ensure their software systems, procedural checks, and staffing are up to date to handle in-person renewals, document retention, verification via SAVE, and other new requirements. 

Legal & Policy Considerations 

• • Because the rule is designated as immediately effective, affected parties may challenge it via administrative or judicial review.   

• • There will be a comment period post-enactment where industry groups, states, and advocacy organizations can request modifications or clarifications.   

• • The rule may face constitutional challenges, such as claims of preemption (federal vs. state control over licensing), due process (revoking or nonrenewing existing licenses), and equal protection or immigration law arguments. 

• • States and carriers should document their compliance efforts, risk analyses, and transition plans in anticipation of regulatory scrutiny or litigation. 

What You Should Do Now: Recommendations for Compliance & Risk Mitigation 

1. Perform an internal audit: For carriers and fleets, identify all drivers holding Non-domiciled CDLs/CLPs. Track their visa status, I-94 expiration, and when their license must be renewed. 
2. Update internal hiring policies: When hiring, make sure to disclose whether a  CDL is required for the position. If a CDL is required, specify which individuals are eligible to obtain a CDL in compliance with the DOT final rule. 
3. Legal review of driver agreements & contracts: Examine employment contracts, indemnities, and liability protections in case a driver’s CDL becomes invalid midterm. Ensure your operations and safety programs are aligned with the new regulatory landscape. 
4. Communicate proactively with state licensing agencies: If you have operations in multiple states, stay abreast of each state’s compliance actions and timelines. Some states may lag or interpret the rules differently. 
5. Monitor developments during the comment period: Engage with industry associations, file comments (if appropriate), and track any judicial or administrative challenges to the rule. 
6. Plan for workforce transitions: Because many Non-domiciled CDL holders may phase out, begin recruitment, training, or retention efforts now to fill potential gaps. 
7. Document compliance efforts diligently: When states audit carriers or drivers, clear documentation of due diligence, verification, and compliance steps will be crucial as a defense. 

The DOT’s emergency CDL ruling represents one of the most significant regulatory shifts in recent memory affecting foreign-domiciled drivers in U.S. trucking. While the goal is to tighten safety and integrity in the CDL system, the abrupt nature of the changes will ripple through carriers, drivers, states, and legal frameworks. 

If you are a motor carrier, driver, or state licensing agency—or represent them—now is the time to consult counsel, reexamine your compliance posture, and plan strategically for transitions. At Farmer Law PC, we stand ready to assist with navigating this new regulatory terrain, reviewing your risk profile, and responding to audit or legal challenges. Contact us to discuss your legal needs.